Res 95-127RESOLUTION NO. 95-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA DECLARING THE PROPERTY AT 15224 JENNEL STREET A PUBLIC
NUXSANCE, ORDERING THE REMOVAL OF ALL WEEDS, TRASH, AND DEBRIS
WHEREAS, the officials of the City of Poway have inspected and found that
the presence of weeds, trash, debris maintained on the apparently abandoned
property at 15224 Jennel Street, Poway, California, Assessor's Parcel Number 314-
424-18, constitutes a hazard, endangering the health, safety, and welfare of the
public due to the following:
Section 8.76.030, and 8.72 of the Poway Municipal Code states that weeds, grasses
and other items are declared a public nuisance. It is unlawful and a misdemeanor
for any person to allow weeds and rubbish upon their entire private property,
which constitute a fire hazard.
WHEREAS, the City Council conducted a Public Hearing on this matter on
December 12, 1995 at which time the owner of the property was given the
opportunity to appear and present evidence why the City Council should not find
that the violation existing on the subject property constitutes a public
nuisance, and why abatement should not be required following due promulgation of
notices as required by law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY FIND,
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1:
The City Council finds that the violation identified above constitutes a danger
to the health, property, safety and welfare of the public.
Section 2;
The City Council elects to proceed pursuant to the California Government Code
sections 38660 and 38773, Poway Municipal Code chapter 8.72 and California Health
and Safety Code sections 18901 et seq. to declare a public nuisance, and if not
corrected by the property owner within fourteen days of the date of this public
hearing to abate the above described conditions on the property.
Section 3:
The City Council declares that the identified violations render the premises
unsafe and substandard and therefore constitute a public nuisance.
Section 4:
The property owner is ordered to remove all weeds, trash, and debris in the yard.
If the violation is not corrected on or before that date, the City may abate the
nuisance at the expense of the property owner and may secure payment of such
expenses from the property owner by assessment and lien upon the property.
Resolution No. 95-127
Page 2
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway at
a regular meeting thereof this 12th day of December 1995.
Don Higginson'~
ATTEST:
Marjor~. Wahlsten, ' y
STATE OF CALIFORNIA)
)
COUNTY OF SAN DIEGO)
SS.
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution, No. 95-127 was duly adopted by
the City Council at a meeting of said City Counci~d on the 12th day of
Decembe~ 1995, and that it was so adopted by the following vote:
AYES: CAFAGNA, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: CALLERY
Marjori!e I~. Wahlsten, City Clerk
City o f~o~ay
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